about common-law/implied status

[andrewhl]

Hi Guys
I have a bunch of questions regarding of common-law sponsor
My closed working permit is due to expire on Nov 26th.
My company is going to reapply a new working visa with a new LMIA which will at least take 8 months and I don't know if that can work out since it is a really small company with only three-four local employees and I heard it is really difficult to apply a LMIA after 2014 June.

My girlfriend and I lived together last December. She is Canadian citizen and is willing to sponsor me for PR if my LMIA things doesn't work out.
Do any of you know how does CIC determine if a common-law is qualified? Since we lived in her condo so the address is same. We travelled a couple of times but other than that we didn't have joint bank account or joint credit card/ insurance etc. Her utility account is still hers and we just shopping together or buy each other some stuff.
And I am also curious that to what time point should I calculate as the starting date of our common-law living period? Lease ending ? Driving license address? Auto insurances? Bank address?

Btw according to the CIC website it takes a really long time to apply inland. What if I lose my working permit before I file apply for sponsor PR? Does holding a visitor visa help?(I have one expires to 2019).

Can I remain in Canada as a visitor or just re-entering Canada using my visitor visa and wait while my application being processed?
It is said in CIC website that people have to have a legal status in Canada. I wonder if visitor visa counts.

Really Appreciate any kind of answer or advices!
Cheers

 

[KelseyTVS]

Hello!

CIC determines you as common-law once you have lived together for exactly 1 year. Whatever date you moved in with her plus 365 days is the date that you entered your common law union. Of course, you'll need proof so something like a joint lease, utility bills with both your names, and common-law declaration are all good, but you should gather as much proof as you can, so you may want to combine some more of your assets.

Inland takes forever, I wouldn't recommend it. You can actually apply outland while living in Canada, which is must faster, and most people on here will recommend it. If you lose your work permit in November, you have your visitor visa valid until 2019, correct? If you apply outland, your PR application will be processed before your visitor visa expires so you should be fine.

You can remain in Canada as a visitor while your application processes, you just can't work, so your partner will have to support you during that time.

 

[Ponga]

In order to qualify for Common-Law sponsorship, you need to have lived together for at least one full year. It sounds like you will not qualify until December of this year, if you've been living together since last December...which will be after your closed WP expires.

Here is one option:

1. Apply to change your status from worker to visitor, just before your WP expires.

2. Stop working when your WP expires.

3. Apply for sponsorship on the 366th day of living together.


If you submit an Inland application (along with an Open Work Permit) at the same time, you would be covered under Implied Status (which is still legal status) IF your visitor status request is approved. If your visitor request is NOT approved, you would have no legal status in Canada and would have 90 days to apply for Restoration of Status.

An Outland application is generally much faster (for most people), but the OWP is not available. It all boils down to which application is best for you.


Good luck!

Oh...and having valid visitor visa counts as legal status.

 

[Ponga]

Uh...I see from reading through your old posts that you have a wife. Are you still married?

 

[andrewhl]

Uh...I see from reading through your old posts that you have a wife. Are you still married?

funny you asked,
we got divorced last June since she had a really good job back in China and won't come with me, which gave me a huge blow. (4 years marrage, since I was 22)
actually if she really came here I suppose we would be two sitting ducks here since my working visa is not helping us to settle down in Canada

btw according to what you and the other friend said, even I lost my working visa in Nov. I can just get out of NA and re-enter as a visitor then file my application and stay in Canada again?
I'm asking because right now i am applying for next fall's canadian graduate school, so if I can wait inside Canada to that time I will be good since I will have study permit for a couple of years.

 

[andrewhl]

Hello!

CIC determines you as common-law once you have lived together for exactly 1 year. Whatever date you moved in with her plus 365 days is the date that you entered your common law union. Of course, you'll need proof so something like a joint lease, utility bills with both your names, and common-law declaration are all good, but you should gather as much proof as you can, so you may want to combine some more of your assets.

Inland takes forever, I wouldn't recommend it. You can actually apply outland while living in Canada, which is must faster, and most people on here will recommend it. If you lose your work permit in November, you have your visitor visa valid until 2019, correct? If you apply outland, your PR application will be processed before your visitor visa expires so you should be fine.

You can remain in Canada as a visitor while your application processes, you just can't work, so your partner will have to support you during that time.

Thanks for your replying. I will discuss with my girlfriend to see which way is faster for us.

 

[andrewhl]

In order to qualify for Common-Law sponsorship, you need to have lived together for at least one full year. It sounds like you will not qualify until December of this year, if you've been living together since last December...which will be after your closed WP expires.

Here is one option:

1. Apply to change your status from worker to visitor, just before your WP expires.

2. Stop working when your WP expires.

3. Apply for sponsorship on the 366th day of living together.


If you submit an Inland application (along with an Open Work Permit) at the same time, you would be covered under Implied Status (which is still legal status) IF your visitor status request is approved. If your visitor request is NOT approved, you would have no legal status in Canada and would have 90 days to apply for Restoration of Status.

An Outland application is generally much faster (for most people), but the OWP is not available. It all boils down to which application is best for you.


Good luck!

Oh...and having valid visitor visa counts as legal status.

another question, do I have to get out of Canada immediately when my working visa expires, or can I just remain and my status will automatically become visitor?
thanks

 

[Hayles1980]

I'm doing that right now and we got called for the interview on March 2nd (not enough evidence)

They require a lot of documents if you are not married. You MUST have a lease agreement with both of your names on it, or a mortgage, lots of bills in both your names, a lot of mail with the address and both of your names, statements from a lot of friends and family stating that you are a legitimate couple and lots of pictures. Also print outs of emails between you, text messages, cards, and anything that proves you actually have lived together for at least one year.

Also you need bank statements showing that you run the household together and pay bills together.

We have a high prices lawyer and we still got called for the interview, which he says is not that common unless they have doubts.

Just for reference we are a legitimate couple who has been living together for 6 years and they still called us In for the interview.

Also, we put our common law application in in January 2014 and only just now have been processed.

 

[canuck_in_uk]

another question, do I have to get out of Canada immediately when my working visa expires, or can I just remain and my status will automatically become visitor?
thanks

Before your work permit expires, you need to apply to change your status to visitor.